Contractual Terms

On the 31 January 2013, Standard Contractual Terms replaced the
commonly used terms of engagement for barristers taking
instructions from solicitors, (the Terms of Work and the Withdrawal
of Credit Scheme).

The BSB Handbook (previously the Code of Conduct) was also
amended so that the 'cab rank rule' applies to
instructions offered on the basis of new Standard Contractual Terms
or the barrister's own published terms of engagement. This means,
instead of the cab rank rule applying to the previous
Terms of Work, it will apply to these Contractual Terms or the
barrister's own published terms.

Guidance has been published by
the Bar Council on the implications of the change and on the new
Terms themselves. Included in the Guidance is information on the
List of Defaulting Solicitors and other Authorised Persons, which
replaces the Withdrawal of Credit scheme.